NETWORK and VEHICLE CHANGE COMMITTEE Determination Nos
NETWORK and VEHICLE CHANGE COMMITTEE Determination nos. NV 37, 38, 40, 41, 43 and 46 Hearing held at Kings Cross on 7th and 8th November 2002 [Note: previous published determination was determination NV44] 1. The Committee was asked to rule, by 6 separate train operating companies, that aspects of the proposals for undertaking works for the West Coast Route Modernisation project (as set out in Major Project Notice 2003/4 Works, Amendment No.1 Final Proposal dated 29th August), were unacceptable because of the impact that they had upon the business of those Train Operators. 2. The Committee noted that each of the 6 appellants, Silverlink Train Services (STS), First North Western (FNW), ScotRail Railways (SRR), Arriva Trains Northern (ATN), Freightliner Ltd (FL) and English Welsh & Scottish Railway (EWS), was also an interested party in relation to one or more of the other 5 appeals. Furthermore, the nature of some of the representations was such that were the Committee to seek to hand down bi-lateral determinations, there would be the risk of making determinations that were mutually incompatible. The Committee decided to deal with this risk by running the hearings concurrently. This determination therefore represents its conclusions on the points brought by all the appellants. 3. In the event, the bringing together of the parties served to ensure that consultations were continued, both before and during the hearing, and the Committee was satisfied 3.1. to note, and accept, the report of the parties that some referred issues had now been resolved to mutual satisfaction; and 3.2. to acquiesce in those circumstances where the parties had requested a further delay, because they now considered that a potential path to a solution had been identified, which they wished the opportunity to explore fully.
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